yes, but don't discriminate against religion. say the conservatives. so what is the other one, applying the bill of rights against the states. >> rose: yeah. >> and conservatives say that means the second amendment and not just the first and the fourth and the fifth. and so although hugely controversial at the time, the warren court actually laid the foundation for the house that you and i and all our audience lives in, is the house that earl warren dreamed up. because here is what the world is in 1953. apartheid, massive mall apportionment in many of the states, organized prayer in the public schools, no broad protection of free speech, practically no right force criminal defendants. and the bill of rights doesn't apply against the states. that's not our world. but that's the world of 1953. and earl warren, hugo black, a textualist as much as scale ya, but from the left. >> rose: a senator from alabama. >> and bill brennan, a northeast judge from-- a democrat, a southern democrat senator and a western progressive republican governor, the three of them